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Stormwater Regulation in Massachusetts

Stormwater Regulation in Massachusetts. Fred Civian MassDEP Stormwater Coordinator Frederick.Civian@state.ma.us. Better Stormwater Management is Coming to Your Town. New municipal stormwater permit (MS4) Wetlands: MA Stormwater Standards Push for Low Impact Development (LID)

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Stormwater Regulation in Massachusetts

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  1. Stormwater Regulation in Massachusetts Fred Civian MassDEP Stormwater Coordinator Frederick.Civian@state.ma.us

  2. Better Stormwater Management is Coming to Your Town • New municipal stormwater permit (MS4) • Wetlands: MA Stormwater Standards • Push for Low Impact Development (LID) • Push to keep stormwater local • Green advocates • Towns sharing to save money

  3. Why is Stormwater a Problem? • Single largest source of water pollution statewide • ~60% of water contamination for impaired waters is caused by excess bacteria and phosphorus  • ~50% of watersheds don’t have enough water in summer

  4. What Pollutants are in Stormwater? • Nutrients • Phosphorus and Nitrogen • e.g., Fertilizers, leaves • Sediments • e.g. Clay, silt and sand • Pathogens/Bacteria • e.g. animal and human feces • Chemicals • e.g. cleaners, pesticides, motor oil

  5. Impaired Waters • ~75% of assessed lakes impaired • ~ 70% of assessed rivers impaired • In all 27 Massachusetts watersheds • If impaired . . . Do a TMDL • TMDLs where Stormwater identified as a major problem

  6. Pre-development Runoff (cfs) Time (hours) How Development Alters Stream Flows Developed by David Nyman, CEI Environmental

  7. Post-development (with no controls) Pre-development Runoff (cfs) Time (hours) How Development Alters Stream Flows Developed by David Nyman, CEI Environmental

  8. Post-development (with no controls) Pre-development Post-development (with controls) Runoff (cfs) Time (hours) How Development Alters Stream Flows Developed by David Nyman, CEI Environmental

  9. Why Impervious Area? • “ . . . a unit increase in impervious cover resulted in a 5.5-percent decrease in the relative abundance of fluvial fish and a 2.5-percent decrease in fluvial-fish species richness.” • Fluvial = related to rivers

  10. Wetlands

  11. Wetlands, Water Supplies,Stressed Basins & Impaired Waters

  12. Proposed MS4 Permit • 2003 Permit – quite general • Proposed 2013 permit – quite specific • Much additional work • Must adopt local SW rules • Begin Planning to Implement TMDLs • Add’l permit for Charles River Watershed

  13. Status: MS4 Permit in MA • EPA intends to issue draft NH permit soon • Will be a guide to what EPA will issue in MA • EPA web site says “summer” • EPA: final permit issuance after public comments • Will follow with one draft for all of MA • EPA webs site says “fall” • EPA: final permit issuance after public comments • Content questions: • More time for compliance? • Less specific conditions?

  14. Massachusetts Stormwater Standards 1. “No new stormwater conveyances (e.g. outfalls) may discharge untreated stormwater . . . “ 2. Manage peak discharges 3. Provide recharge – aka Water Quantity 4. Reduce TSS – aka Water Quality 5. Prevent pollution from Land Uses with Higher Potential Pollutant Loads (LUHPPL) 6. Protect Critical Areas 7. Redevelopment: meet standards to maximum extent practicable AND improve existing conditions 8. Control construction-related impacts 9. Provide operation and maintenance 10. Remove illicit discharges

  15. Where Is the Massachusetts Stormwater Handbook? • Go to www.mass.gov/dep/ • In “Quick Links” on the left, highlight “Stormwater” and click “Go” • Click on “Stormwater Permitting as it Pertains to the Wetlands Protection Act” • Click on “Web Page” of “The Massachusetts Stormwater Handbook” • Frederick.Civian@state.ma.us 617-292-5821

  16. Stone Filter Strip, Lee

  17. Gravel Wetland Test Site, UNH

  18. Rain Garden, Pembroke

  19. 13 Towns Central MA Towns are regionalizing SW services • common GPS mapping of entire SW systems • dry weather and wet weather sampling • reduce Town SW costs • prepare for coming MS4 permit • mark of success: 22 nearby Towns have expressed interest in joining this regional collaborative

  20. MassDEP's Worcester Office Doing SW project with WPI students • Last year: with help from 3 Towns, developed a database for Towns to track SW actions and costs • This Year: piloting that database with the 13 Town collaborative and making changes based on Towns' needs • Doing GPS Field Work for those Towns

  21. MA and RI Working Together with 38 Towns in Blackstone and Ten Mile River watersheds • the grant from EPA that funded this work has the goal of reducing nitrogen pollution that flows into Narragansett Bay • the Coordinator's job is to help Towns adopt local SW rules, require Low Impact Development techniques and explore the feasibility of SW utilities • both states are providing assistance across state lines: for example, RI experts are providing an LID workshop in Uxbridge MA Friday November 2

  22. MassDEP Expanding its "Vulnerable Wetlands" project • originally developed for the 3 Towns in the Upper Charles (Bellingham, Franklin and Milford) • 2 purposes: map wetlands to ensure local protection and identify best places to recharge and treat stormwater • concentrates on identifying "hot spots" that have greatest pollution risk to wetlands • Towns use that info to upgrade outfalls and improve treatment where it can do the most good

  23. Potential Funding Mechanisms • General Fund ––Increased stormwater budget • Would require a trade trade-off with other programs, or larger budget • Unpredictable year to year • Bonds or Grants • Can be difficult to secure • Limited in scope, budget, time frame • Stormwater Utility (Enterprise Fund) • Dedicated ongoing funding • Separate from General Fund • Fees based on nexus to stormwater services provided Courtesy Horsley Witten Group

  24. Sources of Stormwater Funds • State SRF Funding • subsidized loans; currently 2% interest loan • emphasizes “watershed management priorities” • available for “ . . . stormwater remediation . . . (and) planning projects for nonpoint source problems . . . that identify pollution sources and suggest potential remediation strategies. • State 319 Funding • to “address the prevention, control, and abatement of nonpoint source (NPS) pollution.” • current federal guidance: may not be used to meet draft or final permit requirements

  25. Stormwater Contacts • SRF Funding Jane.Peirce@state.ma.us • 319 Funding Steven.McCurdy@state.ma.us • Vulnerable Wetlands Project Alice.Smith@state.ma.us • Any SW Information Frederick.Civian@state.ma.us 617-292-5821

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